Theresa L., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children's Services…

Summary

The Alaska Supreme Court reversed the termination of Theresa L.’s parental rights to her two youngest children because the evidence did not clearly and convincingly establish that either child suffered the statutory form of mental injury. The court held that mental injury requires a significant, observable impairment in developmentally appropriate functioning, supported by qualified expert opinion and caused by parental conduct or conditions created by the parent. The court did not reach the children’s best interests because the predicate CINA finding was unsupported.